Ellis v. Soper
Supreme Court of Iowa
Appeal from Jones District Gourt. — Hon. William Gr. Thompson, Judge. 1 Plaintiee brings this action in equity against the defendant, formerly her guardian, to set aside an order in probate approving the final report of said guardian, and discharging her, and for an accounting and judgment in the sum of one fhousand eight hundred dollars.
Read the full summary
Appeal from Jones District Gourt. — Hon. William Gr. Thompson, Judge. 1 Plaintiee brings this action in equity against the defendant, formerly her guardian, to set aside an order in probate approving the final report of said guardian, and discharging her, and for an accounting and judgment in the sum of one fhousand eight hundred dollars. Plaintiff alleges as grounds for such relief that there is one thousand eight hundred dollars due to her; that her receipt to and' release of said guardian upon which said order was based was obtained from plaintiff by fraud, deceit, and undue influence. The…
1Opinion of the CourtGiven, J.
2 I. There was no error in sustaining the defendant’s motion to strike from the reply. The first paragraph stricken presents a new cause of action, and this is not permissible in a reply. The second presents issues already joined, issues involved in the accounting asked, and therefore was properly stricken.
3 II. The facts necessary to be noticed are, in substance, these: George Soper died intestate on the twenty-eighth day of October, 1886, leaving the defendant, his widow, and their thirteen children, of whom the plaintiff is one, surviving him. Eive of said children (including this…
2Cases cited7 opinions
- In re the Final Account of BesondySupreme Court of Minnesota · 1884
- Gerdes v. WeiserSupreme Court of Iowa · 1880
- Minor Heirs of Bradford v. BodfishSupreme Court of Iowa · 1874
- Perkins v. WestcoatColorado Court of Appeals · 1893
- Melanefy v. O'DriscollMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Flynn v. ColbertMassachusetts Supreme Judicial Court · 1925
- Buchanan v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1944
- Pettigrew v. WilliamsCourt of Appeals of Georgia · 1941
- Guardianship of Minor Heirs of Holscher v. GehrigSupreme Court of Iowa · 1904
- In Re Guardianship of FisherSupreme Court of Iowa · 1939